Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi

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Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi
Born: 1968 (age 39–40)
Ta'iz, Yemen
Detained at: Guantanamo
ID number: 163
Conviction(s): no charge, held in extrajudicial detention

Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Al Qadasi's Guantanamo detainee ID number is 163. Joint Task Force Guantanamo counter-terrorism analysts estimate that Al Qadasi was born in 1968, in Ta'iz, Yemen.

Contents

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.
Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi's Combatant Status Review Tribunal, on 6 October 2004.[2][3] The memo listed the following allegations against him:

a. The detainee is associated with the Taliban and al Qaida.
  1. The detainee is a Yemeni citizen[4] who traveled to Afghanistan via Yemen; Karachi, Pakistan; Qandahar, Afghanistan and finally to Kabul, Afghanistan in July 2001.
  2. The detainee traveled to Afghanistan to fight in the Jihad.
  3. The detainee stayed in a Taliban guesthouse in Quetta, Pakistan and an Arab guesthouse in Kabul, Afghanistan.
  4. The detainee left Kabul, Afghanistan and fled to Jalalabad, Afghanistan with several Arabs as the fighting intensified and the Northern Alliance approached Kabul.
  5. The detainee traveled to the mountains as the Northern Alliance approached Jalalabad, Afghanistan.
  6. The detainee and his leaders retreated to the Pakistan border, where they surrendered to Pakistani troops.
  7. The detainee was identified as a Mujadeen [sic] fighter who came to Tora Bora Afghanistan.

[edit] Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi v. George W. Bush

A writ of habeas corpus was submitted on Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi's behalf.[5] The Department of Defense released 16 pages of documents arising from his Combatant Status Review Tribunal on January 3, 2006.

[edit] Administrative Review Board hearings

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".
Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[6]

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

[edit] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi's first annual Administrative Review Board, on April 28, 2005.[7] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee is a Yemeni citizen who traveled to Afghanistan via Yemen; Karachi, Pakistan; Qandahar, Afghanistan and finally to Kabul, Afghanistan in July 2001.
  2. The detainee traveled to Afghanistan to fight in the Jihad.
  3. The detainee was identified as a Mujadeen fighter who came to Tora Bora, Afghanistan.
b. Connections/Associations
  1. The detainee stayed in a Taliban guesthouse in Quetta, Pakistan and an Arab guesthouse in Kabul, Afghanistan.
  2. The detainee visited the Daftar Taliban in Quetta, Pakistan.
  3. The Daftar Taliban is a Taliban office in Quetta. The office provides assistance to Arabs crossing the border into Afghanistan by coordinating travel and lodging.
  4. The detainee stayed at a guesthouse in Kabul owned by Hamza ((Al-Ghamdi)).
  5. Hamza Al-((Ghamdi)) was a member of al Qaida's Guesthouse Subcommittee responsible for the organization and operation of al-Qaida guesthouses inside Afghanistan. Hamza al-((Ghamdi)) was responsible for the Kabul guesthouses handling all matters regarding housing for al Qaida, including both those who come for training and designated visitors.
  6. The detainee was recruited by Juhayna.
  7. Johaina[sic] was a PT instructor and was responsible for the mess hall at the al Farouq training camp.
  8. The detainee was met in Karachi, Pakistan by a Saudi known as Ali ((Mahmud)[sic] .
  9. Ali Mahoud[sic] is a possible al Qaida recruiter.
  10. The detainee's name was found on a document listing 324 Arabic names, aliases and nationalities recovered from safehouse raids associated with suspected al Qaida in Pakistan.
  11. The detainee's name was found on a document listing al Qaida mujahidin and the contents of their "trust" accounts recovered during raids against al Qaida associated safehouses in Pakistan.
c. Other Relevant Data
The detainee and his leaders retreated to the Pakistani border where they surrendered to Pakistani troops.

[edit] The following primary factors favor release or transfer:

  • The detainee alleges he went to Afghanistan as a tourist for a two-month vacation and went alone for medical reasons.
  • The detainee denied he was a Mujahidin fighter who came to Tora Bora, Afghanistan.
  • The detainee claims he never possessed any weapons in Afghanistan, as he was unable to fight due to his bad back.
  • The detainee stated he did not participate in any fighting in Afghanistan.
  • The detainee stated he was not a member of the al Qaida organization.
  • The detainee said he never heard or saw anything related to Usama Bin Laden[sic] while at the Hamza ((AL Ghamdi)) Safehouse.

[edit] Transcript

Although he did not attend his hearing a two page summarized transcript was released.[8]

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi's second annual Administrative Review Board, on 14 March 2006.[9] The memo listed factors for and against his continued detention.

[edit] References

  1. ^ OARDEC (May 15, 2006). List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. United States Department of Defense. Retrieved on 2007-09-29.
  2. ^ OARDEC (6 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- name redacted (released March 2005) pages 85. United States Department of Defense. Retrieved on 2007-12-05.
  3. ^ OARDEC (6 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Qadasi, Khalid Abd Jal Jabbar Muhammad Juthman (released September 2007) pages 65-66. United States Department of Defense. Retrieved on 2007-12-05.
  4. ^ The phrase "Yemeni citizen" was redacted when the document released in March 2005.
  5. ^ Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi v. George W. Bush pages 51-66. United States Department of Defense (3 January 2006). Retrieved on 2007-12-05.
  6. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  7. ^ OARDEC (April 28, 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Qadasi, Khalid Abd Jal Jabbar Muhammad Juthman pages 14-16. United States Department of Defense. Retrieved on 2007-12-05.
  8. ^ OARDEC. Summary of Administrative Review Board Proceedings of ISN 163 pages 60-61. United States Department of Defense. Retrieved on 2007-12-05.
  9. ^ OARDEC (14 March 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Qadasi, Khalid Abd Jal Jabbar Muhammad Juthman pages 41-42. United States Department of Defense. Retrieved on 2007-12-05.